Prosecuting and Defending Professional Regulation Cases is an essential resource for practitioners advising or representing professionals or institutions involved in regulatory proceedings. This guide equips practitioners with the legal knowledge and profession-specific requirements and context needed to manoeuvre through the regulation process. Matters addressed include registration and licensure requirements, complaints and investigation processes, incapacity and fitness to practise investigations and proceedings, special considerations for sexual abuse cases, discipline and parallel proceedings, penalties, and reinstatement procedures.

Authored by Rebecca Durcan, who practises exclusively in the field of professional regulation and Robin McKechney, whose practice centres around defending professionals, this text insightfully identifies varying facets of the regulation process so that counsel can effectively assist their clients.

This title is Volume 13 in the Criminal Law Series.

• Foreword by Malcolm M. Mercer, treasurer of the Law Society of Ontario
• End-of-chapter “Takeaways” highlight key considerations for counsel
• Up-to-date discussion on regulatory audits and reports that can affect registrants
• Nation-wide overview of how regulators approach various issues
• Highlighting of applicable codes, such as Health Professions Procedural Code, Professional Code, Model Code of Professional Conduct
• Addresses relevant acts, including the Ontario Regulated Health Professions Act, 1991; Protecting Patients Act, 2017; Early Childhood Educators Act, 2007; Ontario College of Teachers Act, 1996; Registered Human Resources Professionals Act, 2013; the Criminal Code and the Controlled Drugs and Substances Act; and the Criminal Records Act

Chapter 1: Regulators of Professions
Chapter 2: Registration and Licensure
Chapter 3: Registers
Chapter 4: Respecting the Role of the Regulator
Chapter 5: Quality Assurance/Continual Professional Development Requirements
Chapter 6: Investigations
Chapter 7: Discipline
Chapter 8: Fitness to Practise
Chapter 9: Parallel Proceedings
Chapter 10: Sexual Abuse
Chapter 11: Reinstatement and Appeal

Appendix A: The Law Society Rules 2015 (British Columbia)

Appendix B: Statutory Powers Procedure Act (Ontario)

Appendix C: Sample Notice of Appointment

Appendix D: Sample Notice of Appointment of Investigator

Appendix E: Sample Notice of Hearing

Chapter 1: Regulators of Professions